Legal Question in Family Law in Illinois

Effect of ex's debt and the lien's I have on his property
My ex is responsible for all debt incurred during our 24 year marriage per divorce decree. I receive child support and marital settlement (I took a cash buyout instead of the property - he has 3 years to pay in full).I had a blanket lien put on all the properties he retained to protect my settlement amount. He now has a contract on one of the buildings and I am second lien holder, (the bank is 1st), and the bank wants to take all the profit because he owes so much on other loans he has at their bank. Can the bank do this? Can they still hold me responsible for his debt on these mortgage loans? I feel like I am paying off his debt and not getting what is due me? Oh, and by the way, he is real friendly with the bank president. He also has had everything taken out of his name except for the loans.

Asked on 3/29/06, 5:54 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Effect of ex's debt and the lien's I have on his property

Hello. Your ex-husband is obligated to protect

your interest. The legal term is "holding you

harmless." The bank cannot be restricted in the

actions that it takes, but if the evidence shows

that your ex-husband did something or did not do

something which jeopardizes your interest the court will likely hold him in contempt. I will be happy to answer any additional questions that

you might have.

Answered on 3/29/06, 7:32 pm

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